How the Injury Lawsuit Process Works

If you have been injured by an accident and are unable to get compensation for medical expenses or lost income, it is possible to make a claim. However many people aren't sure about how the process is conducted.

In this blog post, we'll review five legal milestones that every personal injury lawyer claim must undergo.

Time to File

Each state has a statute which limits the time you can start a lawsuit following an accident. If you don't file your claim within this timeframe, it will most likely be dismissed.

After a case has been filed and the parties are able to start a process called discovery. It involves exchanging documents such as documents, witness testimony and depositions. This could take months depending on the complexity of the case.

A reputable lawyer will present a settlement demand. The lawyer can only make this demand after you have attained the highest level of medical improvement.

You may also have to adhere to additional deadlines if you were injured by an entity of the government or a doctor who is employed by the government. These are commonly called "discovery rules" or equitable tolling and are specific to each specific situation. Your attorney can explain them in greater detail. In general these cases are quicker to resolve than other cases.

Statute of Limitations

It is crucial to file a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines are applicable to a wide range of personal injury claims which include car accidents, medical malpractice claims. They also apply to product liability claims and wrongful death cases.

In the majority of states, "the clock" of the statute of limitations begins to tick on the day you've been injured. However, there are exceptions to this rule that could effectively pause the clock in some cases. The discovery rule, for instance allows you to file your case as soon as you discover (or would have discovered had you taken reasonable care) the injury.

The statute of limitations could be reduced or even tolled in certain situations in certain circumstances, for example, if the plaintiff is underage or has a mental disability. It is best to speak with an experienced attorney for injury to determine the specific limitation period that applies to your case. If you attempt to file a claim after the time limit has expired, your case will likely be dismissed by the court. This can result in a devastating outcome for the victim as well as their family.

Damages

The person who wins an injury law firm (visit their website) case is entitled to compensation. These can include money for medical expenses, lost wages and incident-related expenses. Other damages could compensate the victim for the loss of enjoyment or emotional distress resulting from an accident.

The jury will determine the amount of damages in accordance with the evidence presented in the court. Your lawyer will argue that the defendant failed to act with the level of care that reasonable people would have exercised in the same circumstance which led to your injury.

Special damages, like the cost of replacing or repairing damaged property or the value lost wages if an injury stops you from working, or forces you to take a vacation or sick leave are easy to calculate. General damages are also known as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies use a multiplier, such as a 1.5 to 5 factor to estimate general damages. Severe injuries will generally result in higher general damages awards than smaller or less-permanent injuries.

Mediation

Although it's not an essential element of every injury case mediation is a method to settle a dispute without having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a neutral third party, called a mediator.

The mediator will ask questions to determine what you want in your settlement and what your expectations are. The two sides will talk alone with the mediator. After that, you'll go back and forth with counteroffers and offers in order to reach a settlement.

Neither the negligent party nor injury law firm the victim who was injured want to go to court therefore the goal is to settle the matter in mediation. This is an essential step to avoid the lengthy and stressful process of litigation. Even the most complicated injuries are resolved through mediation. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your specific situation. Contact us today to schedule a free consultation. We can meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

While the vast majority of cases of injury are settled out of court, your lawyer may decide that trial is required. This will depend on your personal circumstances and the quality of your evidence and the insurance company that insured the defendant's offer.

Your attorney will present what is known as your case before a jury during the trial. The jury will decide if the defendant was negligent, and if they were the amount of compensation that should be awarded to cover your financial losses, injury law firm injuries, and expenses.

During the trial, your attorney will present evidence to prove that the negligence of the defendant was responsible for your injuries and that you deserve financial damages to cover those expenses and losses. The defense will present evidence to argue your claims and stop them from owing you money. The jury will consider the evidence after both sides have made their closing arguments. The verdict, delivered by a judge or jury in a bench trial, will determine whether the defendant was negligent, and should it be determined what amount of financial damages should be awarded.